Terms of Service
Last Updated: December 01, 2025
Welcome to www.compensationly.com. These Terms of Service are a written contract (the “Terms”) between you (“you”) and ELMNTL, LLC d/b/a Compensationly (“Company,” “we” or “us”) and apply to your use of our website (the “Site”). These Terms also apply to your use of any services provided through the Site (“Services”).These Terms form an “Agreement” between you and us. If you do not agree to these Terms, you must stop using the Site and Services.
ARBITRATION
This following sections regarding arbitration are important, so they appear at the beginning of the Terms. These sections explain how disputes between you and the Company will be resolved. The following sections forms an Arbitration Agreement, under which you waive your right to a jury trial and to participate in a class action. Please review the dispute resolution provisions in following sections carefully.
What is arbitration?
Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or more frequently by videoconference.
What is our Arbitration Agreement?
Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE OR SERVICES, THESE TERMS, OR OUR PRIVACY POLICY MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that you and Company agree that we will only resolve our legal disputes through arbitration and not in a court of law, unless you opt to resolve your claim through small claims court, subject to the requirements described below. Without this Arbitration Agreement, you would have the right to sue in court and have a jury trial.
How will arbitration work?
The arbitration must be filed and conducted through National Arbitration & Mediation (“NAM”) The arbitration will be governed by applicable NAM rules, including the Comprehensive Dispute Resolution Rules and Procedures and the Supplemental Rules for Mass Arbitration Filings (“NAM Rules”), as modified by this Arbitration Agreement. The NAM Rules are available online at www.namadr.com. You may obtain a form to initiate arbitration with NAM at: https://www.namadr.com/resources/rules-fees-forms/ or by contacting NAM. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in NAM rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place remotely via Zoom or similar platform. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
What law will the arbitrator follow?
The laws of the state of Florida govern these Terms. The arbitrator will apply Florida law to the claim in the arbitration.
Who pays for the arbitration?
Your filing fee will be determined based on the NAM fee schedule governing 2-party disputes when one of the parties is a consumer. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the NAM fees for the arbitration. The NAM fees do not include attorneys’ fees. Regardless of who wins in a dispute between us, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.
Are there any instances where a court will get involved?
Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the Arbitration Agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Broward County, Florida. This exception for equitable relief does not waive our Arbitration Agreement.
Can I file a class action or participate in a mass arbitration?
No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED. This also means that mass arbitrations are not allowed. A mass arbitration is a legal scenario where a large number of people (often hundreds or thousands) file individuals arbitration claims at the same time against the same company for similar claims through coordinated lawyers. In a class action, one lawsuit is filed and a lead plaintiff represents everyone; in mass arbitration, each person files an individual arbitration in their name. MASS ARBITRATIONS ARE NOT ALLOWED UNDER THIS ARBITRATION AGREEMENT.
Mandatory Pre-Filing Notice Procedure
You and we agree that good faith, informal efforts to resolve disputes often result in faster, inexpensive outcomes. Therefore, if you intend to assert a claim against the Company, you must first send the Company a written notice of the claim that gives the Company some basic information about you and the underlying dispute. Such notice must include (i) your name, address, and email address, (ii) a detailed description of your claim, (iii) any relevant facts regarding your use of the Site and Services, (iv) a detailed description of the relief you are seeking, including a calculation of any money damages you are seeking, and (v) a personally-signed statement from you (and not your attorney) verifying the accuracy of the information in the notice. Your notice to us must be individualized and cannot concern another person’s claim. You must send your notice to the Company at the following address:
ELMNTL, LLC
135 Weston Road, #212
Weston, Florida 33326
If we need to send you a notice, we will send the notice to you at the contact information we have available for you, which may include contact information that you have entered in the Site or as part of the Services.
After we receive a notice of a claim from you, you and we agree the engage in good faith efforts to resolve the dispute between us for a period of 60 days through informal negotiation. The 60-day period can be extended if you and we agree that such an extension is likely to lead to resolution. As part of the informal negotiation process, you and we agree that we will both attend at least one individualized video conference. The Video Conference can be via Zoom, Microsoft Teams, WhatsApp, or any other similar platform that you and we agree on and that we both have access to. The video conference can be held after the 60-day period, if necessary. If you are represented by an attorney, your attorney may participate in the video conference, but you are still required to attend and participate in good faith. The Company is also required to participate in the video conference by sending one of its representatives, and the Company may also send its attorney. If you are unable to participate in the video conference by video, you may attend telephonically if you certify in writing that circumstances exist that prevent you from appearing by video (such as your lack of access to phone with a working camera or your inability to connect to a stable internet connection). You and we agree that we (and our attorneys, if represented) shall work cooperatively to schedule the video conference at the earliest mutually-convenient time after we receive a notice of a claim. You and we also agree to use our best efforts to resolve the claim and underlying dispute at the video conference. If you and we cannot resolve the issues identified in the notice within 60 days after the completed notice is received (or a longer time if we agree), you or we may commence an arbitration proceeding.
Compliance with this Mandatory Pre-Filing Notice Procedure (including the video conference requirement) are a condition precedent to initiating any arbitration. Failure to follow the procedures is a breach of this Arbitration Agreement. These procedures are essential so that you and the Company have a meaningful opportunity to resolve disputes in an inexpensive and efficient manner. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration unless the party bringing the demand for arbitration certifies in writing that the Mandatory Pre-Filing Notice Procedures (including the video conference requirement) were fully satisfied. If the party bringing the demand for arbitration fails to include a written certification that this Mandatory Pre-Filing Notice Procedure (including the video conference requirement) were not met, then the arbitration forum shall administratively close the demand for arbitration and no fees shall be due from the responding party. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
SMALL CLAIMS COURT
Subject to applicable jurisdictional requirements and Mandatory Pre-Filing Notice Procedure explained above, you or the Company may elect to pursue a claim in a local small claims court rather than through arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the claim and dispute heard in small claims court. At that time, the arbitral forum will administratively close the arbitration and the claim and underlying dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
ACCEPTANCE & CHANGES
By visiting or accessing the Site, you agree to be bound by this Agreement. You also represent that you have not been previously suspended or removed from the Site. You further consent to the terms of our online Privacy Policy and to our use and processing of any user information for the purposes provided in the Privacy Policy. Your visitation and/or use of the Site and Services mean that you accept this Agreement and the practices set forth in our Privacy Policy. We reserve the right to make changes to this Agreement and/or our Privacy Policy at any time. Continued use following any change indicates your agreement and/or consent to the change(s). It is your sole responsibility to check back regularly for updates to this Agreement and our Privacy Policy.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST STOP USING THE SITE IMMEDIATELY.
DEFINITIONS
“Affiliate” means any business entity that Compensationly has a business or contractual relationship with, including, but not limited to, Compensationaly’s joint-advertising partners, its agents, partners, associates and parent or subsidiary entities.
“Content” means any intellectual property, data, or communications transmitted by Compensationly, its users or third parties via the Compensationly platform (“Platform”) including, but not limited to comments, editorial content, featured site profiles, files, images, listings, logos, messages, postings, questions and answers, ratings, recommendations, reviews, text, trademarks or videos. It also includes all content generated by Compensationly.
“Compensationly Technology” means past, present, and future intellectual property and related rights in the Platform, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Platform and all other tangible or intangible materials related to, displayed, performed, or distributed on the Platform and the Platform itself, including, but not limited to the selection, sequence, “look and feel” and arrangement of items on the Platform, and all Compensationly marks, domain names, patents and other intellectual property.
COMPENSATIONLY CONTENT AND TECHNOLOGY
Unless otherwise noted, all Content is owned, controlled or licensed by Compensationly. You understand and agree that you shall acquire no rights in Compensationly or in Compensationly Technology unless otherwise noted in writing.
License to Access and/or Use. Compensationly grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Compensationly Content and Compensationly Technology to learn about Compensationly’s services. You agree and understand that with the exception of this limited license, you have no rights in or to the Compensationly Content or Compensationly Technology unless otherwise noted in writing. This limited license terminates automatically and without notice to you if you breach this Agreement.
Reservation of Rights. Compensationly reserves all rights not expressly granted in this Agreement unless otherwise noted in writing.
Prevention of Unauthorized Use. Compensationly reserves the right to employ whatever lawful means it considers necessary to prevent unauthorized use of the Site, the Services, Compensationly Content, and/or Compensationly Technology, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP).
NO USERS UNDER 18
If you are under 18, you may not access or use the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18. In compliance with COPPA, we do not knowingly collect personally identifiable information from users under 13.
PERSONAL USE ONLY
The Site is available only for users’ personal non-commercial use. Any other use is prohibited, unless otherwise noted in writing to you by Compensationly.
RESTRICTIONS
You may not do or encourage any of the following:
a. Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit any portion of the Site;
b. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
c. “Scrape” the Site, or use any bot, spider, data miner or automated agent to access and/or use the Site or gain access to or use any Compensationly Content;
d. Reformat, copy, reproduce, modify, translate or create derivative works of or display any portion of the Site, or mirror and/or frame any pages of the Site on any other Web site;
e. Attempt to decipher, decompile, disassemble, or reverse engineer any Compensationly Technology;
f. Remove any proprietary, copyright, patent, trademark, design right, trade secret, or any other proprietary right of the Site; or
g. Use the Site (i) for any unlawful, unsafe, malicious or abusive purpose, (ii) for interfering with others’ use of the Site, (iii) in such a way as to defraud Compensationly or any third party, or (iv) to create damage or risk to us or any third party’s business, network or facilities.
USER SUSPENSION & TERMINATION
We reserve the right to suspend and/or terminate your use of the Site at any time for any reason and without notice to you. The Agreement is likely to be terminated by us in the event that you breach any of your duties, obligations or responsibilities under this Agreement. Upon or following termination, we shall have no liability to you or any further obligations under this Agreement.
LIQUIDATED DAMAGES
You acknowledge and agree that if you violate Sections 5. and/or 6. of this Agreement, in addition to any other remedies available to Compensationly, we will be entitled to liquidated damages in the amount of fifty-thousand dollars ($50,000). You acknowledge and agree that these liquidated damages are a fair, reasonable and accurate estimate of Compensationly’s actual damages resulting from a breach of these provisions and that such liquidated damages shall not be construed as a penalty or as punitive damages against you.
USE OF OUR SERVICES
You agree that by voluntarily providing us with your personal information, you expressly request and consent to be contacted by telephone, text message, email, letter and/or fax by Compensationly and its Affiliates, its employees, representatives, agents, Affiliates, and third party contracted vendors with information related to your inquiry as well as other promotions and offers, even if a telephone number you provide is on a federal, state, or wireless Do Not Call list. You expressly confirm you understand that these telephone calls, text message, emails, letters and/or faxes are being made pursuant to your request for such communications. Further, you expressly consent that these calls may be recorded.
DISCLAIMER
YOU UNDERSTAND THAT CONTENT PROVIDED ON AND/OR THROUGH THE SITE IS ADVERTISING MATERIAL ONLY. NO CONTENT PROVIDED ON AND/OR THROUGH THE SITE MAY BE CONSTRUED AS MEDICAL, LEGAL OR OTHER ADVICE. You also understand and agree that Compensationly is not a lawyer referral service and that providing information to the Site does not form an attorney-client relationship. Certain states may consider this an attorney advertisement. You understand and agree that you may contact any of our Affiliate law firms directly at any time.
Information provided by you to the Site constitutes solely a request to have a law firm contact you about your case. Accordingly, you understand and agree that information you voluntarily provide us will be reviewed by more than one attorney and/or law firm and that you may be contacted by more than one attorney and/or law firm. You agree that the information that you receive in response is for general information purposes and that you will not be charged for this response. You further understand and agree that the laws of each state vary and you will not rely upon this information as legal advice. Since this matter may require advice particular to your home state, you understand and agree that local counsel may be contacted for referral of this matter, and that Compensationly bears no responsibility for retaining local counsel or otherwise as a result of your submission of contact information to Compensationly.
You also understand and agree that you are solely responsible for investigating any attorney or law firm that contacts you and that (i) Compensationly may not be held responsible for any claims you may have resulting from the services or information you may receive; and (ii) Compensationly makes no representations or warranties regarding the qualifications of any person who may contact you based on the submission of your information to Compensationly.
Any results appearing on the Site are specific to a particular case and do not represent a guarantee or prediction of future results.
LINKING & FRAMING
The Site may provide links to other sites (each a “linked site”) and allow you to leave the Site to access third party material or bring third party material to the site via “inverse” hyperlinks and framing technology. We have no discretion to alter, update, or control the content of a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.
NON-RELIANCE ON SITE
Compensationly may discontinue or change any Compensationly Content, service, function, or feature of the Site at any time with or without notice.
DISCLAIMER OF WARRANTIES
1. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT ENGAGED IN RENDERING PROFESSIONAL SERVICES OR ADVICE.
2. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
3. THE ADVERTISERS APPEARING ON OR THROUGH THE SITE ARE NOT OUR AGENTS, PARTNERS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM;
4. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS; (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE; OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (a) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER; (b) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT; (c) INABILITY OF USER TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET; (d) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET; (e) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS; OR (f) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
5. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
6. NEITHER COMPENSATIONLY, NOR THE SITE IS AFFILIATED WITH, SPONSORED, ENDORSED, OR APPROVED BY THE MANUFACTURERS OF ANY OF THE PRODUCTS MENTIONED ON THE SITE.
LIMITATION OF LIABILITY
. IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, OR FOR ANY OTHER REASON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
2. WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
3. WE SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
4. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
INDEMNIFICATION
You agree to indemnify and hold us, our affiliates, employees, officers, directors and shareholders (each an “Indemnitee”) harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of your use of the Site or your actions; (ii) breach by user of this Agreement; or (iii) your failure to comply with all applicable laws. We shall give user written notice of such Claims, permit you to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give you information and assistance reasonably requested by you in connection with such Claims.
AS IS, WITH ALL FAULTS
The Site is provided on an “AS IS” and “WITH ALL FAULTS” basis.
SURVIVAL
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
MISCELLANEOUS
1. Notice. We may give notice by means of a general notice through the Site. You may give notice to us at any time by any of the following: electronic mail with confirmed receipt to info@compensationly.com.
2. Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of parts, supplies, power, telecommunication services, equipment or software from suppliers, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take reasonable steps to avoid or remove such cause of non-performance and shall promptly resume performance hereunder whenever such causes are removed.
3. Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
4. Assignment. You may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of related rights or obligations under this Agreement to any third person. We may assign this Agreement to any person or entity without your consent. We may delegate to our Affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
5. Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
6. Governing Law; Forum; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without reference to conflict or choice of law rules or principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Florida located in Broward County or in the United States District Court for the Southern District of Florida for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto; and hereby waive and agree not to assert as a defense or otherwise, in any such suit action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
7. Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
8. Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation,” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
9. Relationship. These Terms create no agency, partnership, joint venture, or employee-employer relationship between you and Compensationly, unless otherwise noted in writing by Compensationly.
10. Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes prior agreements and all prior discussions between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
INTERNATIONAL USE
Compensationly makes no representation or warranty the Site or its services are appropriate or available outside the U.S. If you choose to access or use the Site from outside the U.S., you do so on your own initiative and will be solely responsible for compliance with local laws.
CONTACT INFORMATION
Any comments or requests for further information may be directed to:
info@compensationly.com
ELMNTL, LLC
135 Weston Road, #212
Weston, Florida 33326
Disclaimer: Compensationly.com is not an attorney referral service or a law firm. Compensationly.com does not provide legal advice of any sort. We are a free matching service, and all claim reviews will be performed by a third party attorney. We do not recommend, nor do we endorse any attorneys that pay to participate in our service. No attorney-client relationship is formed when you submit the form and you are under no obligation to retain an attorney who may contact you through this service.
This website and its contents may be considered attorney advertising under the rules of certain jurisdictions. Prior results do not guarantee a similar outcome.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.. The information and materials offered on this site are for general informational purposes only, do not constitute and should not be considered to be legal advice for any individual case or situation, and are presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. No one should, or is entitled to, rely in any manner on any of the information at this site. Parties seeking advice should consult with legal counsel familiar with their particular circumstances.
Compensationly, its affiliates and their editorial staff are not a law firm, do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a legal practitioner. Nothing in the information and services on this website, nor any receipt or use of such information or services, shall be construed or relied on as advertising or soliciting to provide any legal services (except to the extent otherwise provided by applicable laws or ethical rules in each applicable jurisdiction), creating any attorney-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of Compensationly, its affiliates, their editorial staff or any law firm, lawyer or other independent contributor of articles or other materials to the information and services on this website. Our advertising may include real and paid actors to display show of services.